Transport (Highway Rule) Act 2002 (Vic)

Transport (Highway Rule) Act 2002

Act No. 54/2002

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Insertion of new Part IIA in the Transport Act 1983	2
PART IIA—RESTRICTION ON LIABILITY OF
PUBLIC AUTHORITIES WITH THE FUNCTIONS
OF HIGHWAY AUTHORITIES	2

37A.	Restriction on liability of public authorities with the
functions of highway authorities 2

4.	Insertion of new sections 254A and 254B	4
254A.	Repeal of Part IIA	4
254B.	Transitional provision—Effect of repeal of Part IIA	4
5.	Insertion of new section 255F	4
255F.	Supreme Court—limitation of jurisdiction	4

ENDNOTES 5

i

Victoria

No. 54 of 2002

Transport (Highway Rule) Act 2002†

[Assented to 4 November 2002]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the
Transport Act 1983 to make further provision for
certain of the protections and immunities that a
highway authority was considered to have at law
before the judgment of the High Court of
Australia in the cases of Brodie v Singleton Shire
Council, Case number S44/1999 and Ghantous v
Hawkesbury City Council, Case number
S69/1999.

Transport (Highway Rule) Act 2002

Act No. 54/2002 s. 2

2. Commencement

(1) Subject to sub-section (2), this Act comes into operation on the day after the day on which it receives the Royal Assent.

(2) Section 4 comes into operation on 1 January 2005.

See:

3. Insertion of new Part IIA in the Transport Act 1983 Act No.
9921.

After Part II of the Transport Act 1983 insert—	Reprint No. 8 as at
'PART IIA—RESTRICTION ON LIABILITY OF	13 June 2002
and

PUBLIC AUTHORITIES WITH THE	amending
FUNCTIONS OF HIGHWAY AUTHORITIES	Act Nos 81/2000, 54/2001 (as

37A. Restriction on liability of public authorities amended by No. 32/2002),

with the functions of highway authorities	94/2001, 32/2002,
(1) A public authority is not liable in any civil proceeding for any failure by that public	35/2002 and
37/2002.. LawToday:
authority, in relation to any function it has as
a highway authority—	dpc.vic. gov.au
(a)	to repair the highway or to keep the highway in repair; or
(b)	to inspect the highway for the purpose of determining the need to repair the highway or to keep the highway in repair.

(2) For the avoidance of doubt, in sub-section

(1)—
"highway" includes any land dedicated to

the public for use as a highway but does
not include any structure that does not

form part of the highway;

"public authority" includes the

following—

(a) the Roads Corporation;

Transport (Highway Rule) Act 2002

s. 3 Act No. 54/2002

(b)

each Council, within the meaning 1989;

(c)	the Authority, within the meaning of the Docklands Authority Act 1991;
(d)	Parks Victoria, established under the Parks Victoria Act 1998;
(e)	the State and any person or body acting on behalf of the State, responsible for the management or control of roads on Crown land;
(f)	the Link corporation, the Extension corporation, the Link operator, the Extension operator and the lessees, within the meaning of the Melbourne City Link Act 1995—

but does not include any other person or body that is not a public authority, within the meaning of the Public

Sector Management and
Employment Act 1998.

(3) This section applies to any cause of action,

whether arising before, on or after the
commencement of section 3 of the
Transport (Highway Rule) Act 2002.

(4) Despite sub-section (3), this section is to be

taken not to affect any proceeding brought
on or before 10 October 2002, whether or not
that proceeding has been completed on or
before that date.'.

Transport (Highway Rule) Act 2002

Act No. 54/2002 s. 4

4. Insertion of new sections 254A and 254B

After section 254 of the Transport Act 1983 insert—

"254A. Repeal of Part IIA

Part IIA is repealed.

254B. Transitional provision—Effect of repeal of

Part IIA

Despite the commencement of section 4 of the Transport (Highway Rule) Act 2002 and without limiting the Interpretation of Legislation Act 1984, Part IIA, as in force before the commencement of that section, continues to apply to any cause of action

arising before that commencement.".

5. Insertion of new section 255F

After section 255E of the Transport Act 1983 insert—

"255F. Supreme Court—limitation of jurisdiction It is the intention of section 37A to alter or vary section 85 of the Constitution Act

1975.".
═══════════════

Transport (Highway Rule) Act 2002

Endnotes Act No. 54/2002

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 10 October 2002

Legislative Council: 31 October 2002

The long title for the Bill for this Act was "to amend the Transport Act

1983 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 17 October 2002

Legislative Council: 31 October 2002

Absolute majorities:

Legislative Assembly: 29 October 2002

Legislative Council: 31 October 2002